‘A Symptom of an Underlying Condition’. Law, the Humanities, and a Non-formalistic Approach to Brexit

Abstract

The essay addresses Brexit as a constitutional and jurisgenerative moment. It provides an alternative reading to that traditionally used to assess its impact on the Anglo-British constitution. Politics and legalism have trapped Britain in a formalistic approach without offering innovative responses to the challenges posed by Brexit, persuading the public that there are no alternatives to an out-of-Europe approach. The essay adopts a different stance, exploring Brexit with less formalism and more attentiveness to its impact on British society. It uses novels and essays, political pamphlets, and other writings prompted by Brexit to examine the conditions underlying this event. Their analysis may nurture the productive imagination needed to support Britain’s constitutional creativity during the post-Brexit scenario.